A Federal High Court in Abuja has declared the seat of Hon. Abubakar Gummi, the lawmaker representing Gummi/Bukkuyum Federal Constituency of Zamfara State, vacant following his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a ruling on Wednesday, Justice Obiora Egwuatu held that Gummi’s defection was unconstitutional, as there was no evidence of a crisis or division within the PDP to justify his move.
The judge consequently ordered the Independent National Electoral Commission (INEC) to conduct a fresh election to fill the vacant seat within 90 days.
The case was brought before the court by the PDP and its Zamfara State Chairman, who argued that the lawmaker’s defection in 2024 breached the provisions of Section 68(1)(g) of the 1999 Constitution.
Justice Egwuatu, in his judgment, affirmed that a legislative seat belongs to the political party that sponsored the candidate, not the individual politician.
“Political prostitution must not be rewarded,” the judge stated firmly, warning against what he described as “reckless party hopping.” He emphasized that lawmakers cannot transfer the mandate given to them under one party’s platform to another.
The court issued several specific orders, including an injunction barring the Speaker of the House of Representatives, Tajudeen Abbas, from further recognizing Gummi as a member of the House.
Furthermore, the court ordered Hon. Gummi to refund all salaries, allowances, and other benefits he had received as a lawmaker from the date of his defection, October 30, 2024, until the date of the judgment. He is also prohibited from receiving any further benefits.
A cost of N500,000 was also awarded against the defendants in favour of the PDP.
During the proceedings, Gummi, through his counsel, had defended his defection, citing internal crises within the Zamfara PDP which he claimed hindered his ability to serve his constituents effectively.
Justice Egwuatu, however, dismissed these arguments, stating they lacked legal merit and did not meet the constitutional threshold for a defection. The court granted all the reliefs sought by the PDP.
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